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Case TitleFRANCIS et al v. INTERNAL REVENUE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00823
Date Filed2018-04-06
Date Closed2021-05-05
JudgeJudge Reggie B. Walton
PlaintiffBRAD S. FRANCIS
PlaintiffCHRISTINE C. FRANCIS
Case DescriptionBrad and Christine Francis requested records from the IRS concerning transcripts pertaining to their taxes for specific tax periods. Although they did not make a FOIA request, they brought suit under the Administrative Procedure Act and FOIA.
Complaint issues: Failure to respond within statutory time limit, FOIA mentioned only tangentially

DefendantINTERNAL REVENUE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-061COMPLAINT against INTERNAL REVENUE SERVICE ( Filing fee $ 400, receipt number 4616090443) filed by BRAD S. FRANCIS, CHRISTINE C. FRANCIS. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(td) (Entered: 04/12/2018)
2018-04-10SUMMONS (4) Issued as to INTERNAL REVENUE SERVICE, U.S. Attorney and U.S. Attorney General (td) (Entered: 04/12/2018)
2018-05-092MOTION for CM/ECF Password by BRAD S. FRANCIS, CHRISTINE C. FRANCIS (ztd) (Entered: 05/11/2018)
2018-05-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/30/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/30/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 5/1/2018 (Attachments: # 1 Sessions, # 2 IRS, # 3 Zuckerman)(ztd) (Entered: 05/17/2018)
2018-05-14MINUTE ORDER. Upon consideration of the plaintiffs' 2 Motion for CM/ECF User Name and Password, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the Clerk of the Court shall forthwith ISSUE a CM/ECF User Name and Password to the plaintiffs. Signed by Judge Reggie B. Walton on May 14, 2018. (lcrbw1) (Entered: 05/14/2018)
2018-05-153NOTICE of Appearance by Matthew Bryce Miller on behalf of INTERNAL REVENUE SERVICE (Miller, Matthew) (Entered: 05/15/2018)
2018-05-154GENERAL ORDER. Signed by Judge Reggie B. Walton on May 15, 2018. (lcrbw1) (Entered: 05/15/2018)
2018-05-296Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Miller, Matthew) (Entered: 05/29/2018)
2018-05-29MINUTE ORDER. Upon consideration of the defendant's 6 First Motion for Extension of Time to File Responsive Pleading, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its response to the plaintiffs' complaint on or before June 29, 2018. Signed by Judge Reggie B. Walton on May 29, 2018. (lcrbw1) (Entered: 05/29/2018)
2018-05-29Set/Reset Deadlines: Answer to the complaint due by 6/29/2018, (hs) (Entered: 05/29/2018)
2018-06-287Second MOTION for Extension of Time to File Answer re 1 Complaint by INTERNAL REVENUE SERVICE (Attachments: # 1 Text of Proposed Order)(Miller, Matthew) (Entered: 06/28/2018)
2018-06-28MINUTE ORDER. Upon consideration of the defendant's 7 Second Motion for Extension of Time to File Responsive Pleading, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its response to the plaintiffs' complaint on or before July 13, 2018. Signed by Judge Reggie B. Walton on June 28, 2018. (lcrbw1) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Answer to the Complaint due by 7/13/2018, (hs) (Entered: 06/28/2018)
2018-07-138MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) , MOTION to Dismiss for Failure to State a Claim by INTERNAL REVENUE SERVICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Declaration of Matthew Miller, # 3 Text of Proposed Order)(Miller, Matthew) (Entered: 07/13/2018)
2018-07-239Memorandum in opposition to re 8 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) MOTION to Dismiss for Failure to State a Claim filed by BRAD S. FRANCIS. (Attachments: # 1 Affidavit A, # 2 Affidavit B, # 3 Affidavit C, # 4 Affidavit D, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Text of Proposed Order Proposed Order, # 13 Certificate of Service Certificate of Service)(Francis, Brad) Modified to correct filer on 8/2/2018 (ztd). (Entered: 07/23/2018)
2018-07-2610REPLY to opposition to motion re 8 MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) MOTION to Dismiss for Failure to State a Claim filed by INTERNAL REVENUE SERVICE. (Miller, Matthew) (Entered: 07/26/2018)
2019-03-2111NOTICE of Appearance by Joseph E. Hunsader on behalf of INTERNAL REVENUE SERVICE (Hunsader, Joseph) (Entered: 03/21/2019)
2019-03-3112ORDER. For the reasons to be set forth in the Order to be issued by the Court within the next thirty days, absent extraordinary circumstances, the Court will grant in part and deny in part the defendant's 8 Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim. Accordingly, it is hereby ORDERED that the defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim, ECF No. 8, is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED with respect to the plaintiffs' claims seeking the release of the TXMODA transcripts for the tax years 2010 through 2016 and for certified translations of those transcripts. The motion is DENIED in all other respects. It is further ORDERED that the plaintiffs' claims seeking the release of the TXMODA transcripts for the tax years 2010 through 2016, as well as their claim seeking certified translations of the TXMODA transcripts under 28 U.S.C. § 1361, are DISMISSED WITHOUT PREJUDICE, and the plaintiffs' claims seeking certified translations of the TXMODA transcripts under the FOIA, the Privacy Act, and the APA, are DISMISSED WITH PREJUDICE. It is further ORDERED that the Clerk of the Court shall mail a copy of this Order to the plaintiffs' address on record forthwith. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on March 31, 2019. (lcrbw3) (Entered: 03/31/2019)
2019-04-0813MOTION for Reconsideration re 12 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, on grounds of Fed.R.Civ.P. 60(b) by BRAD S. FRANCIS (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C - Affidavit, # 5 Text of Proposed Order)(FRANCIS, BRAD) (Entered: 04/08/2019)
2019-04-1214ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim, ECF No. 8, is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED with respect to the plaintiffs' claims seeking the release of the TXMODA transcripts for the tax years 2010 through 2016 and for certified translations of those transcripts. The motion is DENIED in all other respects. It is further ORDERED that the plaintiffs' claims seeking the release of the TXMODA transcripts for the tax years 2010 through 2016, as well as their claim seeking certified translations of the TXMODA transcripts under 28 U.S.C. § 1361, are DISMISSED WITHOUT PREJUDICE, and the plaintiffs' claims seeking certified translations of the TXMODA transcripts under the FOIA, the Privacy Act, and the APA, are DISMISSED WITH PREJUDICE. It is further ORDERED that the parties shall appear for a status conference on Monday, May 6, 2019, at 11 a.m., to address how this case shall proceed. It is further ORDERED that the Clerk of the Court shall mail a copy of this Order to the plaintiffs' address on record forthwith. Signed by Judge Reggie B. Walton on April 12, 2019. (lcrbw3) (Entered: 04/12/2019)
2019-04-15Set/Reset Hearings: Status Conference set for 5/6/2019 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/15/2019)
2019-04-2215RESPONSE re 13 MOTION for Reconsideration re 12 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, on grounds of Fed.R.Civ.P. 60(b) filed by INTERNAL REVENUE SERVICE. (Hunsader, Joseph) (Entered: 04/22/2019)
2019-04-2716REPLY to opposition to motion re 13 MOTION for Reconsideration re 12 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, on grounds of Fed.R.Civ.P. 60(b) filed by BRAD S. FRANCIS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(FRANCIS, BRAD) (Entered: 04/27/2019)
2019-05-06Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 5/6/2019. Scheduling Order to issue via Chambers. (Court Reporter Cathryn Jones) (hs) (Entered: 05/06/2019)
2019-05-0817ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's Motion for Reconsideration Upon Grounds of Federal Rule of Civil Procedure 60(b), ECF No. 13 in Civil Action No. 18-823, is DENIED. It is further ORDERED that Civil Action No. 18-823 is CONSOLIDATED with Civil Action No. 19-949. It is further ORDERED that the parties shall make all future filings in Civil Action No. 19-949 only, and the Clerk of the Court shall refuse to accept any filings in Civil Action No. 18-823. It is further ORDERED that, on or before May 22, 2019, the plaintiffs shall file an amended complaint in Civil Action No. 19-949 that encompasses all allegations related to their claims raised in Civil Action No. 19-949, as well as all allegations related to any FOIA policy or practice claim raised in Civil Action No. 18-823. It is further ORDERED that, on or before June 12, 2019, the defendant shall file its response to the plaintiffs' amended complaint. It is further ORDERED that the Clerk of the Court shall mail a copy of this Order to the plaintiffs' address on record forthwith. Signed by Judge Reggie B. Walton on May 8, 2019. (lcrbw3) (Entered: 05/08/2019)
2019-05-08Cases consolidated. Pursuant to Order 17 18cv823, 18-823 is CONSOLIDATED with Civil Action No. 19-949. It is further ORDERED that the parties shall make all future filings in Civil Action No. 19-949 only, and the Clerk of the Court shall refuse to accept any filings in Civil Action No. 18-823. The parties are advised NOT to select the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing and emails. (ztd) (Entered: 05/13/2019)
2019-05-09Set/Reset Deadlines: Amended Complaint due by 5/22/2019. Defendant's Response due by 6/12/2019 (hs) (Entered: 05/09/2019)
2021-05-0318ORDER. In accordance with the attached Order, it is hereby ORDERED that the plaintiffs' 1 Complaint is DISMISSED. It is further ORDERED that this case is CLOSED. It is further ORDERED that the Clerk of the Court shall mail a copy of this Order to the plaintiffs' address on record forthwith. Signed by Judge Reggie B. Walton on May 3, 2021. (lcrbw1) (Entered: 05/03/2021)
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